The Supreme Court Today (April 7) agreed to list multiple petitions opposing the Waqf (Amendment) Act, 2025. The new law brings major changes to waqf property rules, sparking legal and public debate.
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NEW DELHI: The Supreme Court of India today agreed to soon hear several petitions that challenge the recently passed Waqf (Amendment) Act, 2025. On Monday, the matter came up in front of a bench led by Chief Justice of India (CJI) Sanjiv Khanna along with Justice PV Sanjay Kumar.
The issue was raised by Senior Advocate Kapil Sibal, who was speaking on behalf of the Muslim organization Jamiat Ulama-i-Hind, one of the main petitioners opposing the new law.
He said,
“We are challenging the Waqf (Amendment) Act,”
-while requesting the court to list the matter urgently.
To this, the Chief Justice responded,
“I will see the mention letter in the afternoon and take a call. We will list it.”
Apart from Kapil Sibal, other senior lawyers like AM Singhvi and Nizam Pasha also appeared in court, representing different petitioners who are also against the new amendment.
So far, at least seven different petitions have been filed before the Supreme Court. These have been submitted by both individual citizens and political parties, all of whom are objecting to the changes made through the Waqf (Amendment) Act, 2025.
This new law, which received the President’s approval on April 5, 2025, aims to change several parts of the original Waqf Act, 1995. The Waqf Act of 1995 was originally created to manage and regulate waqf properties, which are lands or assets given for religious or charitable purposes under Islamic law.
Under the current Waqf Act, the Waqf Council, State Waqf Boards, Chief Executive Officers, and mutawallis (custodians of waqf properties) have specific roles, powers, and duties. The law also gives special Waqf Tribunals the authority to deal with disputes related to waqf, taking the place of regular civil courts in such matters.
Now, the new amendment brings some major and controversial changes to this setup.
One major change is that the original Waqf Act will be renamed to the Unified Waqf Management, Empowerment, Efficiency, and Development Act. This is done to show that the purpose is to improve the working and transparency of Waqf Boards and the management of waqf properties.
Earlier, a person could create a waqf by just declaring it, or if the property had been used for religious reasons for a long time, it could also be considered waqf. But now, under the new amendment, only a Muslim who has been following Islam for at least five years can declare a waqf. Also, that person must own the property they want to declare as waqf.
The new law removes the idea of ‘waqf by user’, which allowed properties to become waqf simply because they were used for religious purposes for many years. Another important point added is that if a waqf is made in the name of descendants (waqf-alal-aulad), it should not stop the donor’s heirs—including women—from getting their inheritance.
Earlier, the Waqf Board had the power to investigate and decide whether a property is waqf. But now, that power has been removed in the amendment.
The Central Waqf Council, which advises both the Central and State Governments along with the Waqf Boards, will also see some changes in its membership. The new law requires that two members of this Council must be non-Muslims. Also, people like Members of Parliament, former judges, and respected professionals who are chosen for the Council do not need to be Muslims.
However, members who represent Muslim organizations, Islamic law experts, and Waqf Board chairpersons must be Muslims. Out of these Muslim members, two must be women.
The amendment also gives more control to the Central Government. It can now make rules related to the registration of waqf, and it can also control the publication of waqf accounts and board meeting records.
Previously, the State Governments had the power to get waqf accounts audited whenever needed. But under the new law, the Central Government can now get these audits done through the Comptroller and Auditor General (CAG) or any officer it appoints.
This amendment has triggered serious concerns among various communities and legal experts, who argue that it changes the basic framework of waqf management in India. As the case is now set to be listed before the Supreme Court, all eyes will be on how the judiciary interprets the legality and constitutionality of these new provisions.
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